Lung cancer decisions — 2021

The Board has remanded the issues of service connection for lung cancer and bone cancer due to new evidence received after the original claims were filed.

The Board has remanded the case for further development and consideration of service connection claims, specifically regarding a right knee condition and lung cancer. The right knee claim is denied due to lack of evidence linking the current disability to service-connected left knee issues. For the lung cancer claim, additional information about exposure to depleted uranium must be obtained before a decision can be made.

The Board has dismissed the appeals for service connection of liver cancer and lung cancer due to the Veteran's death.

The Veteran's claim for an earlier effective date for bilateral hearing loss was denied. The Board found that the earliest effective date warranted by law is October 22, 2013.,The Veteran's claim for a higher rating for his bilateral hearing loss was remanded due to lack of supporting evidence.

The Veteran's service-connected disabilities do not render him unemployable, as his respiratory issues from non-small cell lung cancer and scar from lobectomy do not significantly impair his ability to work.

The Veteran's death was attributed to community acquired pneumonia and COPD, which the VA determined were not related to his service. The cause of death is believed to be due to his long-term tobacco smoking.

The Board has determined that the Veteran's service aboard USS Mullinnix qualifies as service in the inland waterways or brown waters of the Republic of Vietnam, and therefore he is presumed to have been exposed to Agent Orange. As a result, his death from lung cancer and coronary artery disease is considered due to service-connected causes.

The Board has decided to remand the case due to a duty-to-assist error, specifically regarding the cause of death and whether service-connected coronary artery disease contributed to or aggravated non-service-connected lung cancer.

The Veteran's appeal for a higher disability rating for lung cancer, which was post-left lower lobectomy surgery, has been dismissed due to the appellant's death. The Board does not have jurisdiction to proceed with the claim as the appellant is deceased.

The Veteran's lung cancer is presumed to be related to his in-service exposure to an herbicide agent while stationed at Korat RTAFB in Thailand.

The Veteran's claim for a compensable rating for residuals of left lung lower lobectomy and scars related to the procedure is remanded due to duty-to-assist errors. The initial rating of 100% for residuals of lung cancer prior to October 11, 2019, remains granted.

The Board has remanded the case due to insufficient examination regarding whether the Veteran's lung cancer was related to exposure to contaminated water at Camp Lejeune.

The Veteran's claim for service connection for an asbestos-related lung disability, including lung cancer, is being remanded due to insufficient medical evidence. The VA will seek additional records and schedule the Veteran for a new examination.

The Veteran's claims for service connection are remanded due to the need for additional medical opinions and treatment records.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's asbestos exposure and its relation to his lung cancer, as well as a need for an opinion on the separation examination findings. The case will be returned to the RO for further development.

The Board denied service connection for the cause of the Veteran's death due to lack of evidence showing exposure to herbicide agents or other conditions during service, and concluded that lung cancer was not a contributory cause of death.

The Veteran's service-connected residuals of a left upper lobectomy, previously service connected as lung cancer status post left upper lobectomy, are granted at a 100% disability rating from April 1, 2021. Additionally, the Veteran is granted special monthly compensation (SMC) at the housebound rate effective April 1, 2021.

The Board has granted service connection for lung cancer as secondary to the Veteran's service-connected renal cell carcinoma, clear cell type status post right nephrectomy and adrenalectomy.

The Veteran's appeal is being remanded for further development due to issues related to his lung cancer residuals and peripheral neuropathy.

The Board has granted service connection for lung cancer and for the cause of the Veteran's death, finding that both conditions are related to his active duty service.